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U.S. v. BOUDREAU

No. 00-30271.

250 F.3d 279 (2001)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Albert L. BOUDREAU, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised May 18, 2001

Attorney(s) appearing for the Case

Josette Louise Cassiere, Asst. U.S. Atty., Shreveport, LA, John L. Walker (argued), Lafayette, LA, for United States of America.

John Wilson Reed (argued), Glass & Reed, New Orleans, LA, for Albert L. Boudreau.

Before POLITZ, DeMOSS and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The United States ("the government") appeals the district court's determination that a photograph of a sixteen year old boy did not constitute a lascivious exhibition of the genitals within the meaning of 18 U.S.C. § 2256(2)(E). Albert L. Boudreau ("Boudreau") appeals the district court's determination that downloaded computer images, which were not the subject of his conviction, were sufficient to enhance his sentence by two levels...

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